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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
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HI, Can a forced marriage be annulled after 5 years

Customer Question

Can a forced marriage be annulled after 5 years in NY?
Submitted: 5 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 5 years ago.

Thank you for allowing us to answer your question.


The time/length of the marriage is not a controlling factor in whether or not a person can obtain an annulment. To obtain an annulment you must have grounds for the annulment and if there are no grounds for an annulment then you must attempt to obtain a divorce. Since the marriage was by force then that IS a valid ground for an annulment.


Grounds for annulment:

•If either spouse is incurably incapable of having sexual intercourse, the marriage may be annulled.
•Both parties must be over the age of 18 years. A marriage between persons under the age of 18 years may be annulled, at the discretion of the Court, if the spouse under 18 wants an annulment.
•If, after marriage, either partner becomes incurably insane for five years or more, the marriage can be annulled. However, the sane spouse may be required to support the insane spouse for life.
•The parties must knowingly consent to the marriage. It may be voided if either spouse consents to marry as a result of the force or duress of the other spouse; or either spouse cannot understand the nature, effect and consequences of marriage.
•The marriage may be annulled where the consent was obtained by fraud, provided the fraud was such that it would have deceived an ordinarily prudent person and was material to obtaining the other party's consent. The fraud must be such as to go to the essence of the marriage contract. Only the injured spouse can obtain the annulment on lack of consent.